Bacon v. Williams et al

Filing 2

ORDER DISMISSING CASE without prejudice to the filing of a new petition in a new action. IT IS FURTHER ORDERED that the Petitioner may file a new petition and in forma pauperis application in a new action, but he may not file further documents in th is action. The clerk of the court shall enter judgment accordingly. Petitioner is DENIED a certificate of appealability. Signed by Judge James C. Mahan on 05/02/2013. (Copies have been distributed pursuant to the NEF - CC: 2 IFP Forms, Instructions, and Petition to Petitioner - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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PERCY LAVAE BACON,
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Petitioner,
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vs.
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BRIAN WILLIAMS, et al.,
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Respondents.
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____________________________________/

2:13-cv-00717-JCM-CWH
ORDER

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This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254,
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by a Nevada state prisoner.
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Petitioner has submitted a habeas petition and seeks leave to proceed in forma pauperis.
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(ECF No. 1). In addition to filing the proper affidavit of inability to pay filing fees, a prisoner
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seeking to proceed in forma pauperis “shall submit a certified copy of the trust fund account
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statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding
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the filing of the complaint . . . obtained from the appropriate official of each prison at which the
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prisoner is or was confined.” 28 U.S.C. § 1915(a)(1), (2). Petitioner in the instant action has failed
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to submit an in forma pauperis application that provides the necessary financial information and
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includes a financial certificate signed by an authorized prison or jail officer. It does not appear from
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the papers presented that a dismissal without prejudice would result in a promptly-filed new petition

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being untimely. In this regard, petitioner at all times remains responsible for calculating the running

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of the federal limitation period as applied to his case, properly commencing a timely-filed federal

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habeas action, and properly exhausting his claims in the state courts.

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IT IS THEREFORE ORDERED that this action is DISMISSED WITHOUT

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PREJUDICE to the filing of a new petition in a new action, with a proper in forma pauperis

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application in compliance with 28 U.S.C. § 1915(a).

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IT FURTHER IS ORDERED that the clerk of the court shall send petitioner two copies of
an in forma pauperis application form for a prisoner, one copy of the instructions for same, two

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copies of a blank 28 U.S.C. § 2254 habeas corpus form, one copy of instructions for the same, and a

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copy of the petition (ECF No. 1-1) in this action.

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IT IS FURTHER ORDERED that petitioner may file a new petition and in forma pauperis
application in a new action, but he may not file further documents in this action.

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IT IS FURTHER ORDERED that the clerk of the court shall enter judgment accordingly.

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IT IS FURTHER ORDERED that petitioner is denied a certificate of appealability.

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May 2, 2013.
Dated this ______ day of April, 2013.

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UNITED STATES DISTRICT JUDGE

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